EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF CLASSES OF PERSONS AND ADDRESSES
(Paragraph 1205(3)(a), paragraph 1233(3)(a) and paragraph 1235(3)(a))
- This Instrument is made under paragraphs 1205(3)(a), 1233(3)(a) and 1235(3)(a) of the Migration Regulations 1994 (‘the Regulations’).
2. The Migration Legislation Amendment Regulation (No. 4) commences on 24 November 2012. These amendments are part of the Better Regulation Ministerial Partnership to reduce the number of visa classes and subclasses within the Regulations.
3. Paragraph 1205(3)(a) provides that an application must be made by posting the application (with the correct pre-paid postage) to the post office address specified, deliver by courier service or otherwise by hand to the address specified or by faxing the application to the to the fax number specified in the Instrument.
4. New subparagraphs 1233(3)(a)(i) – (iii) and 1235(3)(i) – (iii) make similar provisions, as in paragraph 1205(a), for the new Training and Research (Class GC) visa and for the new Temporary Work (Entertainment) (Class GE) visa.
5. Subparagraph 1233(a)(iv) provides that an application by a class of persons, an applicant who seeks to satisfy the criteria for the grant of a Subclass 402 (Training and Research) visa in the Research Stream and who is outside Australia at the time of application, must send their application to a diplomatic consular or migration office maintained by or on behalf of the Commonwealth outside Australia.
6. The purpose of the Instrument is to specify the relevant addresses for posted applications and applications delivered by courier, by hand, or transmitted by facsimile or made outside Australia, and in relation to the Subclass 402 (Training and Research) visa, to specify the class of persons that must make the application at the specified address or fax number or outside Australia.
7. The instrument operates to specify addresses relating to certain visas applications. One of the requirements for making a valid application for a Subclass 416 (Special Program) visa, a Subclass 402 (Training and Research) visa or a Subclass 420 (Temporary Work (Entertainment)) visa is that the application must be made at an address specified by the Minister in an instrument in writing (by posting, delivering by courier, or otherwise by hand) or by faxing the application to a fax number specified in the instrument. In addition, for the Subclass 402 visa only, the types of applicants who must apply at the specified addresses and fax numbers are also required to be specified in an instrument. Accordingly, this instrument operates to specify the relevant addresses and fax numbers for making an application for one of these visas and, for the Subclass 402 visa, the classes of persons that must apply at the specified addresses or use the specified fax numbers or apply outside Australia.
8. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
9. The Office of Best Practice Regulation has advised that a Regulation Impact Statement (RIS) is required (OBPR Reference 12735). The RIS relates to the Visa Simplification and Deregulation project and is associated with the Migration Legislation Amendment Regulation 2012 (No. 4). The RIS has been tabled and registered on the Federal Register of Legislative Instruments with the Migration Legislation Amendment Regulation 2012 (No. 4).
10. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
11. The instrument IMMI 12/085 commences on 24 November 2012, immediately after the commencement of Migration Legislation Amendment Regulation (No. 4).
Overview
The Migration Legislation Amendment Regulation (No. 4) 2012 was enacted to streamline the application process for certain visas under the Migration Regulations 1994. This legislative instrument was introduced by the Australian Government to address the complexity and redundancy within the visa classification system, thereby enhancing the efficiency of visa processing. The objective is to reduce the number of visa classes and subclasses, thereby simplifying the system for both applicants and administrators. The regulation specifies the addresses and methods for submitting applications for particular visas, such as the Training and Research visa and the Temporary Work (Entertainment) visa, ensuring clarity and uniformity in application submission procedures. This regulatory change is part of a broader initiative to improve the regulatory environment and facilitate better administration of migration matters in Australia.
Scope and Application
The Migration Legislation Amendment Regulation (No. 4) pertains to the Migration Regulations 1994, specifically addressing the manner and locations where applications for certain visas must be submitted. This regulation, which came into effect on 24 November 2012, is part of a broader initiative to streamline and simplify the visa application process by reducing the number of visa classes and subclasses. It applies to applicants for a Subclass 416 (Special Program) visa, a Subclass 402 (Training and Research) visa, and a Subclass 420 (Temporary Work (Entertainment)) visa, ensuring that they submit their applications to specific addresses as outlined in the instrument, either through posting, courier, hand delivery, or fax. Additionally, for applicants of the Subclass 402 visa who are outside Australia at the time of application, the regulation mandates that their applications be submitted to a designated diplomatic, consular, or migration office outside Australia. The regulation is intended to provide clarity on the procedural aspects of visa applications, ensuring compliance with the specified methods and locations for submission.
Key Provisions
The main operative sections of this legislation, namely the Migration Legislation Amendment Regulation (No. 4), detail how applications for specific visas must be submitted, in line with the Migration Regulations 1994 (Regulations). Section 1205(3)(a) specifies the method and address for submitting applications, while new subparagraphs 1233(3)(a)(i)-(iii) and 1235(3)(i)-(iii) provide similar guidelines for the Training and Research (Class GC) visa and the Temporary Work (Entertainment) (Class GE) visa. Subparagraph 1233(a)(iv) further details that applicants for the Subclass 402 (Training and Research) visa in the Research Stream, who are outside Australia at the time of application, must send their application to a diplomatic, consular, or migration office maintained by or on behalf of the Commonwealth outside Australia.
These regulations impose several obligations on the parties involved. Firstly, applicants for the Subclass 416 (Special Program) visa, the Subclass 402 (Training and Research) visa, or the Subclass 420 (Temporary Work (Entertainment)) visa must ensure their applications are submitted to the specified addresses or fax numbers as outlined in the instrument. For Subclass 402 visa applicants in the Research Stream who are outside Australia, they must send their application to a specified diplomatic, consular, or migration office. Additionally, the applicants must ensure their applications are made by posting, delivering by courier, by hand, or by fax, as specified. These regulations ensure that all visa applications are submitted correctly and efficiently, providing clear guidelines for applicants.
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of these provisions. However, it can be inferred that failure to comply with these specified application procedures may result in the application being deemed invalid. This could lead to delays, additional processing requirements, or the outright rejection of the application, depending on the specific circumstances and the discretion of the Minister. The importance of adhering to the stipulated procedures is paramount to avoid any complications in the visa application process.